Court On Its Own Motion vs State Of Tripura And Ors

Akil Kureshi, CJ

This Public Interest petition initiated suo-motu by the High Court originated from a press report of plight of a minor girl from Tripura who was probably being pushed into flesh trade outside the State. She was traced in Rajasthan. She was already carrying a pregnancy. By the time the effect of the Court taking cognizance and issuing orders would be felt, she had also contacted Coronavirus. Eventually, with the co-operation from various agencies including the National Commission for Child Protection, State Commission, State Authorities as well as the State Commission of Rajasthan and the Rajasthan State Authorities, the girl is brought back to Tripura. We are informed by the Government Advocate that as per the State directives, she would be under quarantine for 14(fourteen) days. It appears that at one stage the widowed mother of the unfortunate minor girl had shown readiness to take the girl back under her fold. However, subsequently she has changed her mind and as per the last reports, she is reluctant to receive the girl.

The State Legal Services Authority in conjunction with the State Commission for Child Protection shall continue the efforts to reunite the girl with her family. In our view that would be the best possible scenario for the girl. The said Legal Services Authority shall also explore if there are any schemes for payment of periodic or lump sum compensation to the victims in such cases. If there is any such scheme, efforts would be made to ensure that the girl and/or her family receives the benefits of such scheme. If there is a possibility of payment of ex gratia compensation from the funds of the State Legal Authority, the same may also be explored.

Learned counsel for the National Commission for Child Protections submitted that few other cases of similar nature are reported. As per her information, 4(four) minors from Tripura have been found struggling in Uttar Pradesh. Efforts are being made to bring them back also. We are sure the concerned agencies including the State Government, State Commission for Child Protection, National Commission as well as the State Legal Services Authority shall perform their statutory duty in ensuring that if there are any such similar cases arising from the State of Tripura, the minors would be brought back to the State as soon as possible and attempt would be made to reunite them with their families.

It would thus appear that this Public Interest petition has served its purpose. We would close the Public Interest petition with above observations. However, at any stage, any of the above referred agencies or any other State or statutory authority requires any intervention from the Court for the purpose of ensuring release of any minors who may be languishing outside the State under similar circumstances, it would be open for the concerned agency to make an application in this Public Interest petition which the Court would consider in accordance with law.

With the positive stands taken by all respondents and the active participation of the counsel representing the respective respondents, this Public Interest petition has achieved its purpose and the same is, accordingly, disposed of.